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COMMONWEALTH EX REL. POPE v. RUNDLE (11/13/70)

decided: November 13, 1970.

COMMONWEALTH EX REL. POPE, APPELLANT,
v.
RUNDLE



Appeal from order of Court of Common Pleas, Trial Division, of Philadelphia, Dec. T., 1966, Nos. 65 and 66, in case of Commonwealth ex rel. James Pope v. Alfred T. Rundle.

COUNSEL

Eugene H. Clarke, Jr., for appellant.

James D. Crawford, Deputy District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Dissenting Opinion by Hoffman, J.

Author: Per Curiam

[ 217 Pa. Super. Page 390]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Hoffman, J.:

This appeal raises a question identical in all relevant respects with the appeal in Commonwealth v. Mills, 217 Pa. Superior Ct. 269, 269 A.2d 322 (1970). For the reasons stated in my dissenting opinion in that case, I would vacate judgment of sentence and discharge appellant.

19701113

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